Delhi High Court
Jagdish Rai & Ors vs Union Of India & Ors on 31 May, 2023
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 31st May, 2023
+ W.P.(C) 1713/2020 & CM APPL. 24524/2023
JAGDISH RAI & ORS. ..... Petitioners
Through: Mr. Ankur Chhibber,
Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Neeraj, Sr. Panel Counsel,
Mr. Sahaj Garg & Mr. Vedansh
Anand, Advocates for UOI.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T (oral)
1. Vide the present petition, the petitioners are seeking following reliefs:
"a.) Issue a writ of certiorari for quashing the letter dated
09.09.2019 and letter dated 21.01.2020 whereby the
Respondents have rejected the representations of the Petitioner
and for quashing of the signal dated 12.06.2019 whereby the
Respondents intimated to all units/formations that the proposal
regarding grant of notional increment, who retired on 30th June
in different years, was forwarded to DOPT through MHA and
clarified vide MHA letter dated 06.06.2019 (not in position)
that all such officials are not entitled to get the benefit of
notional increment and for quashing of the letter dated
18.10.2019 whereby the respondents clarified that the order
dated 15.09.2017 passed in WP No.15732/2017 was an order in
personem and not in rem, and therefore was only applicable to
the petitioner in that case and not to all other similarly situated
officers;
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:01.06.2023
15:43:07
b.) Issue a writ of Mandamus directing the Respondents to
grant one notional increment to the Petitioners on completion
of the relevant period and to re-fix the initial pay & pension of
the Petitioners by adding one notional increment and
subsequently re-fix the pension of the Petitioners after 6th & 7th
CPC and pay the arrears of the Petitioners within a stipulated
period in terms of the same benefit/relief as has been granted by
the Hon'ble Madras High Court in W.P.(C) No.15732/2017 vide
judgment dated 15.09.2017 affirmed by the Hon'ble Apex Court
and by the Hon'ble Delhi High Court in W.P.(C) No.5539/2019
vide judgment dated 13.01.2020."
2. The issue raised in the present petition has already been adjudicated
by this Court vide Judgment dated 26.04.2023 passed in Writ Petition
bearing No. W.P.(C) 5320/2023 titled Gum Bahadur Thapa & Ors. vs.
Union of India & Ors., and by the Apex Court vide Judgment dated
11.04.2023 passed in Civil Appeal bearing No. 2471/2023 titled Director
(Admn and HR) KPTCL and Others vs. C.P. Mundinamani and Others. The
relevant paragraph of Director (Admn and HR) KPTCL (supra) is as under: -
"21. In view of the above and for the reasons stated above,
the Division Bench of the High Court has rightly directed the
appellants to grant one annual increment which the original
writ petitioners earned on the last day of their service for
rendering their services preceding one year from the date of
retirement with good behaviour and efficiently. We are in
complete agreement with the view taken by the Division
Bench of the High Court. Under the circumstances, the
present appeal deserves to be dismissed and is accordingly
dismissed. However, in the facts and circumstances of the
case, there shall be no order as to costs."
3. Accordingly, in view of the findings of aforesaid two judgments, the
present case is squarely covered.
4. Therefore, we hereby dispose of the present petition directing the
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:01.06.2023
15:43:07
respondents to grant one annual increment to the petitioners in view of the
findings of Paragraph-21 made by the Supreme Court in Director (Admn
and HR) KPTCL (supra) within four weeks from today by passing necessary
order(s).
5. We hereby make it clear that the respondents shall pass necessary
orders not only in respect of the petitioners but also in respect of all
similarly situated persons.
6. Accordingly, the present petition along with pending application is
disposed of.
(SURESH KUMAR KAIT)
JUDGE
(NEENA BANSAL KRISHNA)
JUDGE
MAY 31, 2023
S.Sharma
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:01.06.2023
15:43:07
